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Section history

Section 94 — Conditions of bail or personal bond

As in force on 26 May 2025.

Timeline 5 versions
  1. 2 January 2011 Enacted
  2. 31 August 2012 Revised edition
  3. 17 September 2018 Act 19 of 2018
  4. 1 August 2024 Act 5 of 2024
  5. 26 May 2025 You are here
  6. 17 August 2026 Latest
94.Conditions of bail or personal bond

(1)All of the following conditions are imposed when a police officer or the court grants bail or releases the accused on personal bond under section 92 or 93, unless the police officer or the court (as the case may be) specifies otherwise:

(a)the accused must surrender the accused’s travel document;

(b)the accused must surrender to custody, be available for investigations, or attend court, on the day and at the time and place appointed for the accused to do so, as the case may be;

(c)the accused must not commit any offence while released on bail or on personal bond;

(d)the accused must not interfere with any witness or otherwise obstruct the course of justice, whether in relation to the accused or in relation to any other person;

(e)in the case of bail — any person offered as surety for an accused in a criminal matter must not be a co‑accused in the same matter.

(1A)Despite subsection (1), where the court releases an accused on his or her own personal bond under section 93(1A), the court must impose any condition (whether or not mentioned in subsection (1)) specified by the prosecution for the accused to be released on personal bond.

(2)A police officer or the court may impose such other conditions as are necessary when granting bail or releasing the accused on personal bond under section 92 or 93.

(3)The conditions that may be imposed in relation to an accused under subsection (2) include a requirement for the electronic monitoring of the accused’s whereabouts.

(4)However, if the prosecution applies to a police officer or the court to impose under subsection (2) the requirement under subsection (3), the police officer or court must do so.